Shanmugasundaram.A v. The Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01.07.2026 CORAM :
THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN A.Shanmugasundaram ... Petitioner Vs.
1.The Secretary, District Legal Services Authority, District Court Complex, Madurai.
2.The Inspector of Police, Oomachikulam Police Station, Oomachikulam, Madurai.
3.Lakshmanan, Proprietor, M/s.Muthu Finance, Suriyanagar, K.Pudhur, Madurai.
... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India, to issue a writ of mandamus, to direct the second respondent to place petitioner case file immediately before the first respondent and to do all the necessary and incidental steps to return the petitioner's jewels pledged with the third respondent as per the common Page No.1/8
order and direction passed by this Court in W.P(MD).Nos.1090, 1245, 1172, 1578, 1656, 1978, 2016, 1953, 2045, 2073, 2276 and 2370 of 2013 dated 11.02.2013.
For Petitioner : Mr.V.Santhakumaresan For R1 and R2 : Mr.J.Vishnu, Government Advocate (Criminal Side)
ORDER
The petitioner has filed the present writ petition seeking a direction to the second respondent to place petitioner's case file immediately before the first respondent and to do all the necessary and incidental steps to return the petitioner's jewels pledged with the third respondent as per the common order and direction passed by this Court in W.P(MD).Nos.1090, 1245, 1172, 1578, 1656, 1978, 2016, 1953, 2045, 2073, 2276 and 2370 of 2013 dated 11.02.2013.
2. The petitioner states that he had pledged his gold jewels with the third respondent finance company. Before he could redeem the pledged jewels, criminal cases came to be registered against the said finance company, pursuant to which the investigating agency seized a large number of pledged gold articles.
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3. It is the specific case of the petitioner that several similarly placed persons had approached this Court by filing writ petitions seeking release of their pledged jewels. By a common order dated 11.02.2013 passed in W.P.(MD) Nos.1090, 1245, 1172, 1578, 1656, 1978, 2016, 1953, 2045, 2073, 2276 and 2370 of 2013, this Court directed the first and second respondents to facilitate the release of the pledged jewels to the respective claimants, subject to payment of the amount due to the third respondent finance company and verification of their entitlement.
4. According to the petitioner, despite the said order, his claim was not considered by the respondents. He therefore submitted a representation dated 07.08.2021 seeking release of his pledged jewels. As no action was taken on the representation, the present writ petition came to be filed.
5. When the matter was taken up for hearing, this Court directed the first respondent to furnish the details regarding the consideration of the petitioner's representation. Pursuant thereto, a report was filed stating that neither the petitioner nor the Inspector of Police had appeared before the first respondent despite service of summons. On verification with the Page No.3/8
learned counsel for the petitioner, this Court found that the nonappearance was on account of a communication gap. Accordingly, by order dated 23.02.2024, the matter was adjourned to 07.03.2024.
6. The matter is listed today. The learned Government Advocate (Criminal Side), appearing for the respondents, submitted that the earlier officer had already communicated to this Court regarding the absence of the petitioner and the concerned police officer before the competent authority. Today, on instructions from the Inspector of Police, Tallakulam Police Station, the learned Government Advocate (Criminal Side) further submitted that the Inspector is ready and willing to appear before the competent authority and furnish all necessary particulars in connection with the petitioner's claim. In view of the said submission, it is relevant to extract the petitioner's CSR dated 02.03.2013: Page No.4/8
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7. In view of the above circumstances, this Writ Petition is disposed of with the following directions:
(i) The Inspector of Police, Tallakulam Police Station, shall appear before the first respondent and furnish all the particulars relating to the petitioner's CSR dated 02.03.2013 within a period of 15 days from the date of receipt of a copy of this order.
(ii) Upon receipt of the said particulars, the first respondent shall consider the petitioner's representation dated 07.08.2021, verify the petitioner's entitlement in the light of the common order passed by this Court in W.P.(MD) Nos.1090, 1245, 1172, 1578, 1656, 1978, 2016, 1953, 2045, 2073, 2276 and 2370 of 2013, dated 11.02.2013, and pass appropriate orders, in accordance with law, after affording an opportunity of hearing to the petitioner and all other necessary parties. (iii) Thereafter, the first respondent shall issue notice to the petitioner, consider his claim on merits in the light of the directions issued by this Court in the common order dated 11.02.2013 referred to above, and pass appropriate orders within a period of one month from the Page No.6/8
date of receipt of the particulars from the Inspector of Police. (iv) Post the matter under the caption "For Reporting Compliance" on 20.08.2026.
(v) It is made clear that if the petitioner fails to appear before the first respondent, despite due notice and sufficient opportunity, it is open to the first respondent to close the proceedings and pass appropriate orders in accordance with law. No costs.
01.07.2026 NCC :Yes/No Index :Yes/No Internet :Yes/No pal To 1.The Secretary, District Legal Services Authority, District Court Complex, Madurai.
2.The Inspector of Police, Oomachikulam Police Station, Oomachikulam, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.K.RAMAKRISHNAN, J.
pal 01.07.2026 Page No.8/8